Statue And Case Law Relationship Essay

2013 words - 8 pages

Employment laws are created to protect both the employer and the employee. The employer has to follow specific guidelines when hiring and firing employees. This paper will identify five discrimination cases with a brief summary of each as well as identify the statute or regulation interpreted in the case. Lastly, this paper will examine how the statute and/or regulations have evolved through case interpretation and how the cases influence the employment environment.RaceWhen foreigners were first coming to America, blacks were brought here for the purpose of being a slave to the white man. There were set in place what was called "slave codes." These prohibited blacks from being equal or superior to whites in any way. This slave code dictated the clothes they could wear, to where they could sit. Race has had a unique place in our history. Today the culture is still dealing with racial discrimination. Title VII in the Civil Rights Act deals with racial discrimination within the work place. According to Bennett-Alexander and Hartman (2003), "for the most part, we are no longer dealing with the claims of obvious discrimination that predominated in the early 1970s when Title VII claims first became active"(p.23).Today most cases are filed because of the ignorance of the employers, not knowing when they are being discriminatory. The rulings in the larger cases today help define and interpret title VII. One such case was the Chandler v. Fast Lane in 1994. Chandler was a white woman who was a manager a restaurant. She filed suite against her employers under the civil right act, title VII complaining that she was told to discriminate against the black people whom she managed. She stated that she was forced to leave her job because she was unwilling to hire and promote only whites. Her argument was that her fundamental rights were violated because they were preventing her from associating with blacks.The courts sided in her favor and the Civil rights act is now interpreted more broadly. Allowing a person whom is coerced into discriminating against black people the right and privilege to file a complaint under the title VII.Age DiscriminationAccording the Equal Employment Opportunity Commission (EEOC), "the age discrimination in employment act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age" (p. 1). An employer cannot discriminate due to an individual's age under any condition including hiring, firing, promotions, and benefits. This act has created a way to protect the jobs of older workers. However, there are still instances where an organization feels that it can use clauses to discriminate or terminate an older employee in order to make room for a younger employee.In the Smith v the City of Jackson Mississippi, the Supreme Court modified the ADEA act by deciding to permit claims of unintentional discrimination or disparate impact claims of workers that were over the age of 40. According to a...

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